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April 27, 2010 <br />Mr. Dan Hunt, President <br />Certificate of Designation Application for Speer Inert Landfill <br />Completeness Review Determination: Complete <br />Adams County Planning and Development Department, Case No. EXG2009-0000 <br />Page 5 <br />The Division will soon begin its comprehensive technical review of Revision 1. The comprehensive <br />technical review is required by statute to be completed within 150 calendar days following the end of <br />the 30-day completeness review period. During the 150-day technical review period, the Division will <br />publish a public notice seeking written comments on Revision 1 during a 30-day public comment <br />period. The Division's final decision on the CD application will not be made until it has reviewed <br />public comments that may be received. For your information, please note that C.R.S. 30-20-104 of the <br />Solid Waste Act states: <br />"(3)(a) Prior-to- the issuance-of a certificate of designation;-the-governing-body having- j-u-r-isdic-tion-- - - - - - <br />shall require that the report, which shall be submitted by the applicant under section 30-20-103, be <br />reviewed and a recommendation as to approval or disapproval be made. by the department and shall <br />be satisfied that the proposed solid wastes disposal site and facility conforms to the local government's <br />comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval <br />made by the department in its final report shall be incorporated as requirements in the certificate of <br />designation. The application, report of the department, comprehensive land use plan, relevant zoning <br />ordinances, and other pertinent information shall be presented to the governing body having <br />jurisdiction at a public hearing to be held after notice. Such notice shall contain the time and place of <br />the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes <br />disposal site and facility, shall provide a description of such proposed site and facility, and shall <br />provide a description of the geographic area that is within. three miles of such proposed site and <br />facility. The notice shall be published in a newspaper having general circulation in the county or <br />municipality in which the proposed solid wastes disposal site and facility is located at least ten but no <br />more than thirty days prior to the date of the hearing. In addition, the notice of such public hearing <br />shall be posted at a conspicuous point in at least one location at the offices of the governing body <br />having jurisdiction and in at least one location at the proposed site. Such notice shall be posted for a <br />period beginning at least thirty days before the public hearing and continuing through the date of such <br />hearing. <br />(b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body <br />shall hear any written or oral testimony presented by governmental entities and residents concerning <br />such proposed site or facility. All such testimony shall be considered by the governing body having <br />jurisdiction in making a decision concerning such application. For the purposes of this subsection (3) <br />"residents" means all individuals who reside within the geographic area controlled by the governing <br />body having jurisdiction or within three miles of the proposed site and facility or who own property <br />which lies within three miles of such proposed site and facility without regard to which county or <br />municipality such individuals reside within. " <br />The Division is authorized to bill for its review of technical submittals pursuant to the provisions set <br />forth in Section 1.7 of the Regulations. Division staff charges its time at $125.00 per hour. An invoice <br />for the Division's completeness review and preliminary comments presented herein will be transmitted <br />to Asphalt Specialties under separate cover.